A Research On Communications-administration Law Enforcement

Law enforcement is to put the law into force by the state organs. In China, administrations are the executive organs of state power organs, and its chief duty is law enforcement. Administrative law enforcement is one of the administrative activities, which is directly related with people's rights and interests and has a great quantity and happens quite often. It is a key link in administration in accordance with law and represents the direct confrontation between government power and citizen rights. Whether the administrative law enforcement is right, not only bears on the efficiency of the administration but also bears much more on the assurance of citizen rights and the construction of governed-by-law country. As an important part of our country's administration system, communications-administration law enforcement is to put laws, regulations, rules on communications administration into force in an all-round and correct way so that citizen right and freedom can be guaranteed and maintained and communications market can remain in order. Since the reform and opening-up to the outside world, during more than 20 years, communications staff has put great efforts on the innovation of administrative law enforcement system by positive practices, and they have made obvious effects that administration according to law has got improved greatly. However, theoretic research on communications-administration law enforcement is still on the starting stage. By closely combining the basic theories of administrative law and the practices of communications-administration law enforcement, according to the present laws, regulations, and rules on communications, the paper starts from the present situation of communications-administration law enforcement, analyses the causes of existing problems from the perspectives of legislation and system, and proposes the improving thoughts and suggestions. The paper consists of four chapters.Chapter one is the survey of communications-administration law enforcement. On the basis of expounding the concept of communications-administration law enforcement, this chapter analyzes the characteristics of the communications-administration law enforcement, such as onesidedness, extensiveness and foreign-relatedness of both subject and object of law enforcement, variety of enforcement measures, and demanding technology. This chapter also introduces the basis of communications-administration law enforcement and its ten categories, analyses the subject of law enforcement and summarizes the functions of communications-administration law enforcement.Chapter two presents an investigation on the present situation of communications-administration law enforcement of our country by giving living examples. It points out the problems existing in current communications-administration law enforcement, that law enforcement limit is indistinct, conflicts exist in law basis, some communications law and regulations are hard to operate, law enforcement are lack in measures and have different standards, and staff do not fit in the need of law enforcement.Chapter three analyses the problems in communications-administration law enforcement. It explains the sources of these problems in aspects of legislation, economy, law enforcement system, supervising system and staff quality. This chapter also analyses the communications-administration law enforcement of foreign countries, and uses related experience for references.Chapter four proposes the general thought to improve communications-administration law enforcement. To establish comprehensive communications law enforcement, standardize communications-administration law enforcement system, and to fully strengthen the role of communications law enforcement, we should speed up communications legislation, improve quality of communications legislation, strengthen supervision of law enforcement, make relief channels smooth and exert relief functions, and establish law enforcement staff with high quality.